Can I file my small claims case in Atascosa County?
The action is generally filed in the County and Precinct where the defendants reside (where they live) or where location where the Defendants contracted themselves to perform. (Texas Government Code Section 28.011).
Limit (or Jurisdiction) of Small Claims Court
You cannot demand or ask for more than $10,000 in a small claims court case. (Government Code 28.093). Additionally, a small claims court plaintiff can only ask the court for monetary relief. You are unable to seek injunctive or equitable relief. Say your landscaper breaks a sprinkler head. You can ask the court for money to replace the sprinkler head, but you cannot ask the court for an order requiring the landscaper to physically replace the sprinkler head. This type of relief would be injunctive relief.
Can I appeal my case?
Yes, but only if the amount in controversy is in excess of $250.
What is the trial like?
Unlike regular civil trials, small claims court rules do not follow the Rules of Evidence. This allows the trials to be conducted in a much more informal fashion. Additionally, the judge is allowed to ask questions of the parties and witnesses, and generally takes a more proactive role in determining the facts of a case. Trials generally are pretty short (15-20 minutes). A jury trial will likely last longer, probably a few hours.
Judges for Small Claims Court Cases in Atascosa County
A Justice of the Peace for Atascosa County hears small claims court cases for Atascosa County.
Atascosa County Court Clerk
We recommend contacting the Atascosa County court clerk before proceeding down to the courthouse to file your action. This will ensure the courthouse is open and someone is available to assist with the filing of your claim. Also, while the clerk can answer questions about procedures, the clerk cannot give legal advice. Small Claims actions are heard in 4 courthouses throughout Atascosa County.
Small Claims Court Case Types
Small claims courts handle a wide variety of cases. This could be an action to get your security deposit back, or an action to recover money for damage done to your vehicle after a car accident. Under Texas law, collections cases and claim assignments cannot be heard in small claims court.
Do I need A Lawyer?
Small claims court litigants in Texas normally represent themselves without an attorney. This is largely because the amount at issue in the case is not large enough to justify the hiring of an attorney. Nevertheless, you are allowed to retain one if you desire. (Texas Government Code Section 28.003).
Atascosa County Court Locations
The precinct map for Atascosa County can be found here.
Precinct 1 Courthouse in the City of Pleasanton
This courthouse is located at:2136 2nd St Pleasanton, TX 78064
Precinct 2 Courthouse in the City of Lytle
This courthouse is located at:3414 FM 3175 Lytle, TX 78052
Precinct 3 Courthouse in the City of Jourdanton
This courthouse is located at:810 Main St Jourdanton, TX 78026
This courthouse handles cases for Precinct 3. The court’s website can be found here. The phone number for the court is (830)769-2074.
Precinct 4 Courthouse in the City of Pleasanton
This courthouse is located at:744 Hwy 281 S Pleasanton, TX 78064-4402